NEW
DELHI, August 27 (IslamOnline) - Beginning its proceedings of the
Election Commission’s (EC) order on the Gujarat assembly elections,
the Supreme Court of India issued notices to the Commission, the state
governments and six major political parties Monday, August 26.
The
six national political parties were Congress, the ruling BJP,
Communist Party of India, Communist Party of India (Marxist),
Nationalist Congress Party and Bahujan Samaj Party which represents
the dalits or the so-called “untouchables”.
Observers
say the court might have to go through marathon hearings before it can
reach a decision on the Election Commission’s refusal to hold
elections in Gujarat province which is yet to fully recover from a
massive anti-Muslim pogrom.
The
constitutional crisis which the apex court seeks to resolve arises
from the Hindu nationalist BJP’s insistence on holding elections in
Gujarat and EC’s refusal to allow it on grounds that many voters
have still not returned to their homes, most of which have been burnt
and destroyed during the pogrom.
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The
Supreme Court building in New Delhi |
The
EC says that a large number of Muslims whose
homes were destroyed, their families raped and murdered, will not find
it easy to return amidst a still hostile population and under the rule
of a government which is believed to have masterminded the pogrom.
There
is no point in having an election until the “little voter” feels
secure enough to go out of his home and exercise his franchise, the
Election Commission argued.
BJP,
many of whose senior functionaries at the state level have been
accused of having masterminded the massacre of Muslims, wants an early
poll.
Because
the EC’s postponement of elections creates an obstacle for the BJP,
Gujarat’s Chief Minister Narendra Modi, who has been called an
Indian Milosevic, is extremely upset with EC, and has publicly tried
to vilify the Christian chief election commissioner JM Lyngdoh.
Reacting
to Modi’s outburst, Lyngdoh called his conduct “despicable” and
Modi’s insinuation about his (Lyngdoh’s) religion, “menial
gossip.” The Prime Minister as well as other senior leader of the
BJP had to intervene and reprimand Modi for his misdemeanor.
Modi
and his BJP supporters in Gujarat and at Center openly profess to be
admirers of Hitler and his attack on Jews.
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Gujarat
still simmers but Modi wants elections |
The
five-judge Constitution bench that will hear the different sides of
the case consists of Chief Justice BN Kripal, Justice VN Khare,
Justice KG Balakrishnan, Justice Ashok Bhan and Justice Arijit Basayat.
Issues
the apex court will discuss include the EC’s constitutional role in
holding free and fair elections, the state governor’s power to
recommend President’s rule and the correct interpretation of Article
174(1)(2) of the Indian Constitution which calls for elections if the
gap between two sittings of a state legislature is more than six
months.
Modi
had earlier dissolved the current legislature in Gujarat with a view
to benefit from this clause in his bid to hold early elections.
The
court will also deliberate the limits of EC’s powers under the
Constitution. Being a constitutional authority, the EC enjoys immense
powers within its area of authority.
